FAR 52.207-3 - Right of First Refusal of Employment

From Knowledge base
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Prescribed in 7.305(c)

Effective Date:1 May 2006
Clause or Provision:Clause
Provision or Clause Number: 52.207-3 - Right of First Refusal of Employment

Principle Type And/Or Purpose of Contract:
Required:
Applicable:Time and Materials/Labor Hour; Architect-Engineering; Dismantling, Demolition or Removal of Improvements; Fixed Price, Supply; Cost Reimbursement, Supply; Communication Services; Leasing of Motor Vehicles; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Construction; Cost Reimbursement, Service; Fixed Price, Service; Cost Reimbursement, R&D; Fixed Price, R&D; Indefinite Delivery; Transportation; Utility Services
Optional:Simplified Acquisition Procedures (Excludes Micro-Purchase); Facilities
Subject:Employment/Labor/Wages
ProcurementType:
Contract Threshold:
Prescription Overview:

Prescription

(c) The contracting officer shall insert the clause at 52.207-3, Right of First Refusal of Employment, in all solicitations which may result in a conversion from in-house performance to contract performance of work currently being performed by the Government and in contracts that result from the solicitations, whether or not a public-private competition is conducted. The 10-day period in the clause may be varied by the contracting officer up to a period of 90 days.

Clause Overview:

Clause

(a) The Contractor shall give Government personnel who have been or will be adversely affected or separated as a result of award of this contract the right of first refusal for employment openings under the contract in positions for which they are qualified, if that employment is consistent with post-Government employment conflict of interest standards.


(b) Within 10 days after contract award, the Contracting Officer will provide to the Contractor a list of all Government personnel who have been or will be adversely affected or separated as a result of award of this contract.


(c) The Contractor shall report to the Contracting Officer the names of individuals identified on the list who are hired within 90 days after contract performance begins. This report shall be forwarded within 120 days after contract performance begins.

Important Notes/Requirements:

Applicable only if project may result in a conversion from work currently being performed by the incumbent to new contractor

Subcontract Threshold:
Incorporated by Reference:Yes
Uniform Contract Format:I
Editor:Marshall

Personal notes.